Category Archives: Uncategorized

MSH road $ veto was overridden, after all

Charles River Gateway

Bill Massaro post #2 of the day – this email below from Bill just now – Bill was one of the individuals who requested that the $150,000 earmark be inserted into the state budget to fund the work on the new state road to the Charles River Gateway overlook.  Once the Town of Medfield gives the state the required notice under the Land Disposition Agreement for the former Medfield State Hospital site, the state will then be required to construct a new access road to its Charles River Gateway overlook park on its own state land, so that the town land will no longer be required to provide that access to the public.  Although the town may ultimately want to provide some such access, we will not be required to do so.  We negotiated that term to require the new road to add more value to the town land.

BTW, Representative Dooley can be seen in one of my photos yesterday from the Ken and Bob retirement party, traveling incognito in shorts, a tee shirt, and a beard.

BTW #2, today is Ken Feeney Day in Medfield!


FYI-

Thanks to Sen. Timilty and Rep. Dooley,  to paraphrase Mark Twain I am happy to say:

“The reports of our earmark’s death have been greatly exaggerated!”

In conversation with Shawn Dooley yesterday, I asked if the House had also failed to get the Access earmark into the override budget.  He seemed surprised and said that it was definitely in the House bundle;  and unless something happened in the Senate at the last minute, it should have been included in the combined package sent back to the Governor.  He did say it was a single item in the middle of a large bundle…. He  promised to check it out  and let me know what happened…

I got  an  e-mail from Rep. Dooley and an apologetic call from  Molly in  Sen. Timilty’s office this a.m. confirming that the combined  budget with the Access earmark for $150K sponsored by Sen. Timilty did go back to the Governor.  (She did caution that there is always the potential of  subsequent budget cuts by the Governor  in the fall and spring, but for now it’s in!)

As I had stated when we thought the override had failed,  Town and DCAMM obligations under the LDA  do not change…  Having the earmark, however, should help at least to expedite  completion of a  favorable  engineering design …

Getting the  Town’s “build it on State land” letter out  sooner, rather than waiting for the  LDA’s Dec 1  deadline and risking  new budget cuts,  would seem to be the prudent next step.  This would also give us the opportunity to work  with current DCAMM engineering who are familiar with the Mediated cleanup/restoration and the unique features of the property.

Bill

Demo of water tower

Photos of the demolition of the water tower at the site of the former Medfield State Hospital taken and circulated by Bill Massaro.  Near neighbor Tony Centore remarked on the “loud booms” when the pieces come down.

 

20160804-WJM-water tower demo-1

20160804-WJM-water tower demo-2.jpg

Office hours tomorrow AM

BoS

Office Hours Tomorrow 9AM

I hold regular monthly office hours at The Center on the first Friday of every month from 9:00 to 10:00 AM.

Residents are welcome to stop by to talk in person about any town matters – no appointment is needed.

Residents can also have coffee and see the Council on Aging in action (a vibrant organization with lots going on).

I can be reached via 508-359-9190 or by messages at my blog about Medfield matters  https://medfield02052.wordpress.com/, where any schedule changes will be posted.

Ken & Bob retire – 104 years of service

Today is Robert Kennedy, Sr. Day in the Town of Medfield, honoring 64 years of service to the town through its DPW.  Tomorrow is Kenneth Feeney Day, honoring 40 years of service to the town through its DPW, most as Supeintendent – Medfield’s longest serving Superintendent by more than ten years over Billy McCarthy.

This afternoon at the DPW Garage both Ken and Bob were celebrated by a retirement party with a BBQ provided by Medfield’s own Kent Summers and his partner in MOAB.  Ken and Bob received citations from the Board of Selectmen, plaques, miniature models of the Medfield town clocks made by Electric Time, flowers for their wives, a mystery present from the Transfer Station & Recycling Committee,  and Bobby Junior arranged for his Dad to receive the 1946 Chevy pickup, pictured below, because Bobby Senior reportedly joked that was all the DPW had for equipment when he started work for them in 1952.

Ken & Bob retire-20160804Ken & Bob retire-20160804-21946 Chevy pickup

Bye bye, so long

water towers at MSH

The old water tower at the former Medfield State Hospital is starting to come down today.  This from Mike this morning.


Ken Feeney just called to tell me they started to take down the old hospital water tower this morning. Mike S.

Jeep Grand Cherokee shifter

From my American Association for Justice daily news – the design of this shifter sounds like it goes against things I use to queue myself, namely the physical position of the shifter.


Parents of Star Trek star crushed by faulty car file wrongful death suit against Fiat Chrysler.

News that Star Trek actor Anton Yelchin’s parents announced through their attorney Tuesday that they have filed a wrongful death and product-liability suit against Fiat Chrysler generated significant media coverage. ABC News (8/2, Messer, 4.15M) reports online that Gary Dordick, Victor and Irina Yelchin’s attorney, said at a press conference Tuesday the couple had filed suit seeking an undisclosed sum in “punitive damages because we believe Fiat Chrysler, ZF North America, that made and manufactured and sold this product, knew that it was defective.” Yelchin’s 2015 Jeep Grand Cherokee rolled down his driveway on June 19, pinning the young actor against his entry gate and ultimately killing him. Citing an AP report, ABC adds the vehicle was one of “more than 1 million vehicles recalled by Fiat Chrysler because its gear shift did not clearly indicate whether or not it was in park.” Dordick showed the press “a recall letter that Fiat Chrysler sent to the late actor seven days after his death.” An NHTSA report indicated that the “defect led to almost 700 complaints, 266 crashes and fires, and 68 injury incidents” as of June 24. The lawsuit also includes retail chain AutoNation and the company that made the gear shifter, ZF North America, according to Rolling Stone (8/2, Blistein, 14.65M).

CBS Evening News (8/2, story 9, 0:25, Rose, 11.17M) broadcast coverage of the announcement, reporting the car model was “recalled because its gear shifter was confusing to drivers” – some thought the vehicle was it park when it was actually in neutral. Consumerist (8/2, Kieler, 45K) explains that the vehicles’ electronic gear shifter differs from a traditional shifter because it “is simply moved forward and backward to select gear” and, “once the gear has been selected, the shifter returns to the centered position.” This design “lacks the typical grooves and sensation of moving the car into Park, Drive, or Reverse” associated with the traditional gear shifter.

According to the AP (8/2, McCartney), Fiat Chrysler offered Yelchin’s family its sympathies but declined to comment on the suit. The company will accelerate the recall and, along with the NHTSA, is urging affected drivers to “set their parking brakes before getting out of their vehicles.” The company is also facing a suit filed by law firm Hagens Berman Sobol Shapiro LLC, CNN Money (8/2, Melas, 3.1M) reports, on behalf of “owners of these particular models and seeking unspecified damages.”

TIME (8/2, Chan, 17.97M) reports the actor’s father, Victor Yelchin, said at the press conference, “In spite of our unbelievable grief, we decided to come here to prevent other families from the same tragedy. …Anton was our only son, and he was a remarkable human being – very modest, very simple, very honest, generous, loving.” He added, “It is wrong, it’s against nature, when the parents bury its own child. That’s why we hope that this lawsuit will make [another] family never go through the same hell we’re going through right now.”

Sources offering similar coverage of the accident and lawsuit include Reuters (8/2, Sinha-Roy), AFP (8/2), and Ars Technica (8/2, Farivar, 1.17M).

MAPC map of whole area

The MAPC also shared their map showing the existing trails (in green), trails in the wroks (in yellow), and those they hope to create (in red), for most of eastern Massachusetts.

20160729-MAPC-whole area

Bike paths & hiking trails

20160729-MAPC-Medfield

The ad hoc group met with David Loutzenheiser, Senior Transportation
Planner at the Metropolitan Area Planning Council (MAPC) this morning about bicycle and hiking trails in Medfield.  Attending were Town Planner, Sarah Raposa, Town Administrator, Mike Sullivan, Bay Colony Rail Trail Committee chair, Christian Donner, BCRT committee member, George Hinkley, interested resident Alec Stevens, and interested selectman, me.

Per what the MAPC person told Sarah before the meeting, he is working on two rail trail feasibility projects: (1) Wrentham/Norfolk/Walpole/Norwood and (2) Bellingham/Medway/Millis/Medfield.  Apparently, he has funding to begin work on these projects and depending on the communities’ levels of interest would like to do so either this fall or next spring.

At the meeting he focused on

  • the Bay Colony Rail Trail (in yellow on the above map),
  • the possibility of running a rail trail along side of the active north-south rail line (also in yellow on the above map), and
  • hiking trail connectors
    • from downtown to Rocky Woods (needs a boardwalk North of Hinkley Pond)
    • from Elm Street area over to the Bubbling Brook area
    • from Rocky Woods to the Blue Hills

The Bay Colony Rail Trail will probably proceed.  The North South rail line trail would link many of the main features and sites in town in ways that would dramatically improve the town.  Alec Stevens has proposed this in the past, based on his experience with a successful one he knew while growing up in Philadelphia.

It is going to be a long process, requiring lots of work and planning, and it has started.

Vetoed MSH road money

charles river overlook

Current access to the Charles River Overlook is via the Town of Medfield land, but the Land Disposition Agreement that the town negotiated with the state gives the town the option to require the state to build a new access road to the park area across the land the state kept to the west of the Medfield State Hospital site, if the town feels continuing the easement would depress the value of the town land, and so notifies the state.

Some worked to have Senator Timilty add $150,000 to the budget this year to go towards that new road, but the Governor vetoed that earmark and it was not one that was overridden.  Below is an explanation in an email exchange by Bill Massaro and Senator Timilty’s staff person.


The Governor’s veto of the $150K earmark intended for DCAMM design/construction of the Overlook Parking Lot access was not overridden.

As I had stated in my previous  background info e-mail on the Governor’s veto, loss of the earmark does not change DCAMM’s obligations under the LDA, and does not affect the Town’s deadline to notify DCAMM by 1 Dec 2016 if the town wants the permanent general public access to the State-owned Overlook on State-owned land and not on Town-owned MSH land.

Given the loss of the earmark and given their 3 year (by 1 Dec 2019) construction window  under the LDA , there is no immediate incentive for DCAMM to begin design/engineering and construction in FY 2017… but likely  pushing it out closer to the end of into  the 3-year window and  uncertainties of 2019’s  budget

Accordingly, I  have asked that the Senator’s office consider trying again when the FY 2018 budget process starts..

Bill

———————————————————————————————————————————————————————————————————-

From: “Molly Sullivan (SEN)” <Molly.Sullivan@masenate.gov>
Sent: Monday, August 1, 2016 4:59:21 PM
Subject: RE: Override Status– Medfield Access Earmark

Hi Bill,

Sorry it took me a bit to get back to you. The Senate was in very late last night, as you saw in the Globe, so I took today off, but I wanted to get you an answer!

Unfortunately, the veto by the Governor was not overridden. Senator Timilty did file a similar amendment in for the roadway in the Senate’s Economic Development bill as well. We got it in the Senate bill but it looks like it did not survive the conference committee.

Senator Timilty and I know how important this is, and we will keep trying to get some funding anyway we can! But of course we can keep it on the radar for FY18 as well. Even though we didn’t get the funding this year, its great for it to be on the legislature’s radar.

Let me know if I can do anything else for you all! Hope you are all having a great summer!!

Best,

Molly

From: wmassaro@comcast.net [wmassaro@comcast.net]
Sent: Monday, August 01, 2016 12:35 PM
To: Sullivan, Molly (SEN)
Cc: Harney, John; Thompson, John
Subject: Re: Override Status– Medfield Access Earmark
Hi Molly,

 

Saw in the Globe that the FY 17  budget veto override efforts completed late last night and that several earmarks had been re-instated.  I would like to be able to tell the Medfield Selectmen and the Hospital Reuse Committee what happened to Medfield’s $150K for the Overlook Access road.

 

With or without the earmark the Town ‘s & DCAMM’s responsibilities under the December 2,  2014 Land Disposition Agreement are unchanged:

–  The Town must notify DCAMM by 1 December 2016 if it wants the permanent access road built on State Land

–  If notified DCAMM must construct the road by 1 December 2019

 

If the override has failed for FY 2017,  I suspect that when the Town makes the Dec 2016  “relocate the road” notification DCAMM will likely  delay design/construction as far into 2019 as they can.  Keeping an FY 2018 earmark on the radar would still be beneficial

 

Thanks,

 

Bill

Legal case update

This is from my daily legal news update from the American Association for Justice.  This case makes one appreciate the government regulations that keep us safe, as that chemical cannot be used here.

 

Family sickened by pesticide in Virgin Islands may receive $87 million payout.

ABC News (8/1, 4.15M) reports that “a Delaware family severely poisoned by pesticides while on a vacation to the Virgin Islands could receive as much as $87 million in a settlement from ServiceMaster, the parent of pest control company Terminix, according to the company’s recent financial filings.” ABC adds that “teenagers Sean and Ryan Esmond both suffered seizures and landed in the hospital in critical condition after exposure to methyl bromide – a powerful, nearly odorless neurotoxin that was banned from indoor residential use by the Environmental Protection Agency in 1984 – according to the agency.” Their parents, Stephen Esmond and Theresa Devine, “were also severely injured from the exposure and required rehabilitation therapy, according to a statement last year by the family’s lawyer.” ABC notes that “in financial statements filed July 28,” ServiceMaster “noted that it entered into a plea agreement on July 21 after a Department of Justice investigation.”